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BlueDevil

What notice takes precedence? (Hard copy letter/email update)

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Filed: Citizen (apr) Country: India
Timeline

So here's the situation regarding my I-130 that has been stuck in initial review...

I received an I-797C info notice in the mail (notice dated 11/18/13) stating that my case had been transferred to the Texas Service Center for processing due to the backlog at NBC.

Here's the problem ... I also received two emails from the USCIS on 11/19/13. The first one said that my case "was transferred and is now being processed at a USCIS office." The second email received a few hours later on the same day said that "On November 18, 2013, we transferred your I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, to your local USCIS Office for further processing."

For what its worth, the case status online states that it has been transferred to the local USCIS office as well.

So now I have no idea where my case has been transferred to. Memphis is my local office. What notice/email should take precedence? Common sense would say that the hard copy notice should take precedence, but I have found with this whole process that common sense is thrown out the window!

Thank you for your comments...

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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Filed: Citizen (apr) Country: India
Timeline

Hard copy, always.

Thanks, Harpa! That will make my case much easier since my 485 filing is sitting at TSC, so combining the two will be a much simpler process!

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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BlueDevil,

You are hoping that a work-based I-485 can be attached to a I-130 for relative?

No, no, it can't.

When you filed the I-485 you checked a box for work-based. Now you need to submit a I-485 with the box checked for family-based.

Had you done that you would have had your GC long ago, like in July.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: India
Timeline

BlueDevil,

You are hoping that a work-based I-485 can be attached to a I-130 for relative?

No, no, it can't.

When you filed the I-485 you checked a box for work-based. Now you need to submit a I-485 with the box checked for family-based.

Had you done that you would have had your GC long ago, like in July.

Harpa,

Are you sure on that? Interfiling is a fairly common practice I thought, and doing so saves on a new 485 filing and associated fees. Here is an article from Murthy.com's website speaking to this issue. My coporate lawyers also didn't mention anything about it not being an option. I'm pretty sure I remember reading up on this subject in the field adjudicator's field manual as well, though it might take me some time to find that section again,

http://www.murthy.com/2013/08/05/interfiling-new-immigrant-petition-into-pending-i-485-case-2-of-2/

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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Harpa,

Are you sure on that? Interfiling is a fairly common practice I thought, and doing so saves on a new 485 filing and associated fees. Here is an article from Murthy.com's website speaking to this issue. My coporate lawyers also didn't mention anything about it not being an option. I'm pretty sure I remember reading up on this subject in the field adjudicator's field manual as well, though it might take me some time to find that section again,

http://www.murthy.com/2013/08/05/interfiling-new-immigrant-petition-into-pending-i-485-case-2-of-2/

I am not 100% sure, but I have never heard of it, and it seems rather backward.

From reading your link, the law office says it is not officially on the books and USCIS may or may not do it, so it sounds like a crapshoot.

Best of luck, I suppose. Though you could have had a GC by now, had you paid for a new I-485.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Share on other sites

Filed: Citizen (apr) Country: India
Timeline

I am not 100% sure, but I have never heard of it, and it seems rather backward.

From reading your link, the law office says it is not officially on the books and USCIS may or may not do it, so it sounds like a crapshoot.

Best of luck, I suppose. Though you could have had a GC by now, had you paid for a new I-485.

Well, I really did look long and hard at a fresh application altogether. There some pros and some cons to it (additional $1000 in fees vs. time saved). I have an H1-B visa and a stable/secure job so I could afford to wait the extra few months that an interfiled application is taking. So, I figured I'd save on the fees and just let it ride this way. My lawyers have processed a few cases similar to mine and they don't see any issues being just the additional time that this process will take. Either way, you can use me as the guinea pig for this process smile.png

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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Well, I really did look long and hard at a fresh application altogether. There some pros and some cons to it (additional $1000 in fees vs. time saved). I have an H1-B visa and a stable/secure job so I could afford to wait the extra few months that an interfiled application is taking. So, I figured I'd save on the fees and just let it ride this way. My lawyers have processed a few cases similar to mine and they don't see any issues being just the additional time that this process will take. Either way, you can use me as the guinea pig for this process smile.png

I will watch and learn :)

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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